Centurion Taxi, Inc. v. Beizem

Full title: CENTURION TAXI, INC., Appellant, v. MOSHE BEIZEM, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 17, 1998

247 A.D.2d 502 (N.Y. App. Div. 1998)

668 N.Y.S.2d 480

Opinion

February 17, 1998

Appeal from the Supreme Court, Kings County (Vaccaro, J.).

Ordered that the order dated May 14, 1997, is reversed, renewal is granted, and, upon renewal, the motion to vacate the judgment entered upon the defendant's confession of judgment is dismissed, the judgment is reinstated, and the order dated October 10, 1996, is vacated; and it is further,

Ordered that the appeal from the order dated October 10, 1996, is dismissed, in light of our determination on the appeal from the order dated May 14, 1997; and it is further,

Ordered that the appellant is awarded one bill of costs.

Under the circumstances here, the judgment debtor should have attacked the judgment by confession by commencing a plenary action ( see, Estate of Zelman v. Scibelli, 157 A.D.2d 705; Affenita v. Long Indus., 133 A.D.2d 727).

Miller, J. P., Ritter, Pizzuto and Altman, JJ., concur.